Los Angeles daily herald., 1887-04-04
PROCLAMATION! /!
STA Il OF CALIFORNIA, !
EXECUTIVE DEPARTMENT, :
SACRAMENTO. March Is. 1851

WHEREAS, the Legislature of the State of
California, at its twenty-seventh session. be-
ginning on the third day of January, A. D.
eighteen hundred and eighty-seven, two
thirds OF all the members elected to each of
the two Houses of laid Legislature voting in
favor thereof, proposed the following de-
scribed amendments to the Constitution of
the State OF California, to wit:
AMENDMENT NUMBER ONE.
To propose to the people of the State an
amendment to the Constitution of the
State, relative to the Judiciary Depart
ment.
RESOLVED, That the Legislature of the State
of California, at its regular session, COM
mencing on the third day of January, A. d.
eighteen hundred and eighty.seven, two
thirds of all the members elected TO each of
vor thereof, hereby propose that sections
two and three of article vi, of the Constitu-
tion of said Sta.e be amended to read a
follows:
sist of seven Justices. The Associate JUS
tices of the Supreme Court, in office at the
time of the adoption of this amendment to
the Constitution are hereby continued in
the remainder of the terms to which they
were respectively elected. The Justices
shall elect one of their number to be Chief
Justice, and he shall hold the office of Chief
Justice of said court for e term of two
Chief Justice first elected, and every two
years thereafter the Justices shall elect
Chief Justsce for like term Of two years.
An entry of the election of such Chief JUS
tice shall be made in the minutes OF the
court and signed by four Justices, When
ever thereafter a vacancy occurs in the Of
fce of Chief Justice, like election shall
be had to I'LL such office for the unexpired
term. The Supreme Court may sit in de.
partments or in bank. and shall always be
open for the transaction of business There
shall be two departments, denominated. re
spectively, Department One and department
Two The Chief Justice shall assign three
of the Justices to each department, and
such assignment may be changed bv him
from time to time. The Justices shall be
competent to sit in either department, and
may Interchange with each other BY agree.
the Chief Justice. Each Of the departments
shall have the power to hear and determine
causes and all questions arising therein,
subject to the provisions hereinafter con-
tanned in relation to the Court in bank. The
pres sence of three Justices shall be necessary
to transact any business in either of the de-
partments, except such as may be done at
chambers, and the concurrence OF two Jus
tices shall be necessary to pronounce a
judgment. The ChiefJustice shall apportion
the business to the departments and IN y,
in his discretion. order any cause pending
before the Court to be heard ana decided by
the Court in bank. The order may be made
before or after judgment pronounced by a
department; but wnere cause has been al. |
lotted to one of the departments, and judg-
ment pronounced thereon, the order mus |
be made within thirty days after such judg- |
ment and concurred in by twoJustic and II /
set aside the judgment. Any four Justices
may, either before or after judgment by a
department. order case TO be heard in
bank. If the order be not made wit in the
time above limited, the judgment shall be
final. No judgment by a department shall
become final until the expiration of the
period of thirty DAYS aforesaid, unless ap-
proved by the Chief Justice. ia writing,
Chief Justice may convene the Court in
bank at any time, and shall be the presiding
Justice of the Court when so convened. The
OF four Justices present at the
Judgment in bank; but If four Justices, so
present. do not concur in a judgment, then
all the Justices qualified to sit in the cause
snail hear the argument; but TO render q
shall be necessary. In the determination
of causes all decisions of the Court in |
bank, or in departments, shall be given /
in writing and the grounds of the decision |
shall be stated The Chief Justice may sit
in either department, and shall preside
when so sitting, but the Justices assigned |
to each department shall select one of their
number as presiding Justice. In case of |
The absence of the Chief Justice from the |
place at which the court is held, or his ina
bility to act, the Associate Justices shall Sc
ect one of the r own number TO perform
he duties and exercise the powers of the
Chief Justice during such absence or ina
)ility to act. The Supreme Court Commits.
ion, created by the act of the Legislature,
approved March twelfth, eighteen hundred
md eighty-five, shall continu and be Su'
,reme Court Commission for four years af-
er the adoption of this amendment. Said
ime thereafter as may be fixed by an act
,assed by a vote of two-thirds of the elected
members of each House of the legislature
nd approved by the Governor. The mem
ers thereof and Secretary shall be ap-
ointed as in said act provided; and such
shall be subject to removal
D like manner as the Judges of the Su- ,
RENE Court Said commission shall have
le same power to hear and determine
auses possessed by a department of the {
upreme Court, and causes may be assigned I
the commission In the same manner they I
re assigned to a department., and after de- | l
sion they may be ordered heard In bank t
the same way and with like restrictions
if decided in department. The judg-
ents Of the commission shall be entered
the judgments of the court. The CON- ,
ission shall sit at such times and places as u
ay be designated by the court, but such
shall not exercise any
Idiciai functions except when assem-
led as a commission, and then they
lall only have power to hear and deter.
line such hcauses as may have been assigned =
, them, a
Section g.. The Justices of the Supreme c.
ourt shall be elected by the qualified
lectors OF the State at large, at the general
tate elections. and the times and places at
hich state officers are elected; and the
'rm Of onoe shall be twelve years froml